Atlanta Disability Discrimination Attorney

Fighting For Those Who Have Experienced Discrimination Based on Their Disability in Georgia

There are tens of millions of individuals in America who face physical or mental disabilities that might limit their ability to carry out certain tasks. However, these disabilities do not prevent them from being valuable and productive members of society and the workforce. Sadly, despite the progress made in recent years, many employers continue to discriminate against employees with disabilities, driven by bias, stereotypes, and ignorance. Furthermore, such discrimination can manifest in subtle forms, making it crucial for employees to be informed about their rights and the steps they can take to safeguard their dignity and employment.

The disability discrimination attorneys at Beal Sutherland Berlin & Brown have a proven track record in handling cases where individuals have experienced such discrimination. For example, Brian Sutherland represented an employee who was denied leave for mental health treatment and won a trial award of over $622,000. These successful outcomes showcase our commitment to ensuring that employees are treated fairly and their rights are protected under the law.

If your case involves failure to accommodate or you have been treated unfairly at work due to your disability, contact our Atlanta disability discrimination attorneys at Beal Sutherland Berlin & Brown by  or by calling (404) 476-5305!

Understanding the Americans with Disabilities Act (ADA) & the Rehabilitation Act

If you believe that you have experienced disability discrimination at work, it is crucial to know your rights. Under the Americans with Disabilities Act (ADA) and the Rehabilitation Act, a disability can be defined in a number of ways, such as:

1. A physical or mental condition that limits one or more major life activities. Knowing what constitutes a major life activity can be essential, as it encompasses a broad range of functions like walking, talking, seeing, and working.
2. A history or record of such a condition. Even if you do not currently have a limiting condition, your past medical history could be relevant in terms of ADA protection.
3. An employer's perception that the individual has such a condition. It's important to understand that discrimination can occur based not on actual conditions but perceived ones.
4. An association with someone who has a condition. Employers cannot discriminate against employees because of their relationships with disabled persons.

Examples of Disability Discrimination in Employment

Employers are prohibited from discriminating against individuals based on their disability status, including:

1. Discrimination in hiring, firing, recruitment, training, job assignments, promotions, benefits, pay, layoffs, leave, and other employment practices. It is crucial for employees to document any suspicions of discriminatory practices immediately.
2. Harassment of employees with disabilities. This includes jokes, slurs, or any offensive conduct that creates a hostile work environment.
3. Asking inappropriate medical questions during the hiring process. An employer's inquiries should strictly pertain to job-related assessments of capability.
4. Requiring unnecessary medical exams. Such exams must be job-related and consistent with business necessity.
5. Failure to accommodate or provide reasonable accommodations that enable employees with physical or mental disabilities to perform their job functions. The refusal must be justified by undue hardship evidence.
6. Maintaining a workplace that poses significant physical barriers for employees with physical disabilities. Facilities and physical access points should be designed inclusively.

What Are Reasonable Accommodations in the Workplace?

Employees with disabilities may require certain adjustments or assistance to perform their job duties, which are referred to as "reasonable accommodations." Employers are legally required to provide reasonable accommodations to qualified employees with disabilities, enabling them to perform essential job functions. The process involves an interactive dialogue between the employer and employee to establish suitable adjustments.

For instance, an employer may be obligated to provide an employee with cancer or another condition a leave of absence to receive treatment. Additionally, employers may need to accommodate an employee's physical limitations by allowing them to sit or stand frequently, honoring lifting restrictions, or changing their schedule. These accommodations form vital protections that ensure inclusivity and accessibility.

The law specifies that reasonable accommodations may consist of:

• Job restructuring. This might involve redistributing or reallocating marginal job functions.
• Modified or part-time work schedules. These adjustments can be crucial for employees managing periodic health issues.
• Reassignment to a vacant position. If the current role cannot be modified, moving an employee to a new position without losing grade or pay could be necessary.
• Special equipment or devices. Provision of technology can greatly enhance productivity and function for those with disabilities.
• Modified exams, training, or workplace policies. Tailoring these resources ensures that employees can fully engage with their work environment.
• Providing readers or interpreters. Facilitating communication for those with auditory or visual disabilities is a vital accommodation measure.

Employers may sometimes refuse to provide reasonable accommodations, citing that it would cause an "undue hardship." While the law allows employers to avoid certain accommodations in some circumstances, it also requires employers to engage in an "interactive process" or discussion to understand the employee's needs and offer alternatives if the requested accommodation is not feasible. If you have been refused reasonable accommodations, our Atlanta disability discrimination lawyer can determine if your employer has committed a failure to accommodate. Consistently monitoring workplace dynamics and maintaining open communication can preempt many issues.

Is Failure To Accommodate Considered Discrimination?

Yes, in some circumstances, it is possible to consider the failure to provide accommodations as discrimination. Federal and state laws require employers to provide workers with disabilities with reasonable accommodations. It is referred to as a "failure to accommodate" when an employer neglects this duty. Disability discrimination is defined by the Americans with Disabilities Act (ADA) as the failure to offer reasonable accommodations. Therefore, it may be discriminatory if an employer forcibly refuses a disabled employee's request for a reasonable accommodation. Treating a disabled employee differently or unfairly because they require reasonable accommodations may be considered discrimination. It's essential for both employees and employers to maintain clarity in the accommodation dialogue to avoid misunderstandings.

What Can Employers Legally Ask About Your Disability?

As a job applicant, you are protected by law from being asked about your disabilities or the extent of them during a job interview. However, a prospective employer can ask if you are capable of performing the job's required duties with or without reasonable accommodations. The employer can also inquire about how you will carry out the job's tasks. While specifics of the disability should remain confidential, questions related to competencies in executing work tasks are permissible.

While you cannot be required to undergo a medical exam before being offered a job, a medical exam can be a condition of the job offer if certain conditions are met. For example, if all entering employees in the job category must take the medical exam, if the exam is relevant to the job, and if the exam is consistent with the employer's business needs. Information generated by the medical exam cannot be used to reject your employment unless it shows that you cannot fulfill an essential job requirement that is necessary for the employer to conduct business. It's crucial to understand the specifics of these requirements to protect your employment rights.

If a reasonable accommodation would enable you to perform the essential job functions, the employer cannot refuse to hire you based on your disability. After being hired, an employer cannot make medical inquiries or require medical exams unless it is job-related and consistent with business necessity. Exceptions to this rule include fitness-for-duty exams for law enforcement officers or return-to-duty certifications for employees whose job-related health is crucial for safety. Understanding these legal bounds can protect both your privacy and your career path.

If you have been discriminated against based on your disability, don't hesitate to reach out to our disability discrimination lawyer in Atlanta today. 

FAQs About Disability Discrimination in Atlanta, GA

What Is the Process for Filing a Discrimination Complaint in Georgia?

Filing a discrimination complaint in Georgia begins with lodging a charge with the Equal Employment Opportunity Commission (EEOC). This federal agency assesses claims of workplace discrimination. In Georgia, charges typically need to be filed within 180 days from the incident. Once you submit a charge, the EEOC will investigate the allegations, during which both parties may be asked to provide detailed information. If the EEOC finds evidence supporting your claims, they may invite the involved parties to mediate or resolve the issue. Should the EEOC not determine a violation, they will issue a "right-to-sue" letter, granting you permission to proceed with legal action in a court if you choose. Legal counsel can guide you on how to proceed, optimize your submission, and ensure that all necessary details have been included.

What Role Do State & Local Laws Play in Disability Discrimination?

State and local laws in Georgia reinforce federal protections provided by the ADA and the Rehabilitation Act, addressing nuances specific to the state's workforce. For instance, the Georgia Fair Employment Practices Act prohibits discrimination by public employers with 15 or more employees. By aligning with federal guidelines, these laws ensure comprehensive coverage against discriminatory practices based on disabilities. Understanding these additional legal layers aids employers and employees in navigating the complexities surrounding disability discrimination. Engaging knowledgeable legal advocates can further clarify these local statutes and enhance protection strategies for those affected. Local laws similarly provide remedies and craft tailored solutions to issues unique to the region.

How Can I Prove Discrimination If My Employer Denies It?

Gathering evidence is essential when proving discrimination, especially if an employer denies any wrongdoing. Documentation is crucial: maintain records of all communications, write down your experiences with specific dates and descriptions, and collect witness testimonies if available. Additionally, email threads, altered employment conditions, and discrepancies in performance reviews can point toward discriminatory practices. Legal channels may provide discovery opportunities to further uncover relevant documents or communications that support your claims. If direct evidence is scant, demonstrating consistent patterns or treatment differing from non-disabled peers can establish the discriminatory environment. Retaining a attorney with experience in discrimination can aid in interpreting evidence and presenting the strongest argument. They can assist in compiling evidence and presenting a comprehensive argument to hold your employer accountable.

What Damages Could Be Recovered in an ADA Disability Discrimination Case?

What you can recover in your disability discrimination case depends on whether your claim is brought under the ADA, the Rehabilitation Act, or both. The ADA applies to private employers with 15 or more employees, as well as counties, cities, and some state governments. The Rehabilitation Act applies to employers who receive federal financial assistance. Understanding the scope of applicable laws aids in preparing for litigation and anticipated recoveries.

Under the ADA and the Rehabilitation Act, you can recover:

• Back pay, or lost wages and benefits, from the two years preceding the date you filed your charge of discrimination to the conclusion of your EEOC claim or the verdict or judgment in court;
• Injunctive relief, including reinstatement or front pay for a reasonable period in lieu of reinstatement; and
• Attorney’s fees and costs of litigation.

Under the ADA only, you can recover:

• Compensatory damages for pain and suffering, including emotional distress damages. These damages reflect not just the financial impacts but also the emotional toll of discrimination.
• Punitive damages to punish and deter the employer from treating another employee like you were treated. Establishing grounds for such claims requires a demonstration of intentional malfeasance.

The amount of compensatory and punitive damages you can recover depends on the number of employees your employer has, and is limited to:

• $50,000 for employers with between 15 and 100 employees;
• $100,000 for employers with between 101 and 200 employees;
• $200,000 for employers with between 201 and 500 employees; and
• $300,000 for employers with more than 500 employees. These caps focus on scalability, acknowledging the varying capacities of employers.

How Do I Know if I Have a Claim of Disability Discrimination Against My Employer?

You might have a strong claim against your company if you believe that you've been the victim of disability discrimination. Laws against harassment and discrimination based on a person's disabilities are enforced by the Equal Employment Opportunity Commission (EEOC). People with disabilities are likewise protected from discrimination during the hiring process by federal statutes. An understanding of your legal protections is vital when determining your next steps.

To establish a claim of disability discrimination, you need to demonstrate that:

• You have a qualifying disability; Your condition fits within the legal definitions set forth by ADA and related statutes.
• You can perform your essential job duties; It is crucial to prove competency in your role despite the disability.
• And you have been subjected to unfair treatment because of your disability

It's important to note that you are also not required to inform your employer of your disability when applying for a job. Voluntary disclosure only occurs when accommodations are necessary.

Contact Our Disability Discrimination Attorney in Atlanta Today

If you wish to make a claim, reach out to an experienced disability discrimination lawyer in Atlanta at Beal Sutherland Berlin & Brown. We can help you understand more about your rights and the best course of action based on your situation. Being proactive and informed can significantly impact the outcome of your legal matters and preserve your rights.

Have you been discriminated against in the workplace? Call our Atlanta disability discrimination attorneys at (404) 476-5305 or contact us online to set up a consultation.